Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-08-05
IMPORTANT DECISION.
A Ruling which Covers the
Case of an Alien,
The Affairs of Deceased Foreigners
"A Swiss Jeweler who was
Murdered.

GHIHUAHuA, Mex, Aug 4.-Informa-
ton has just been received of an interest
ing decision rendered by the Federal SUI
preme court representing the rights of
consuls in the matter of administering
upon tho estates of deceased foreigners.
About a year age a Swiss jewler by the
name OF Domingo Steiner was murdered
in this city, and his jewelry establish
ment completely relieved of all its yelua-
bles. There were four men implicated IN
the murder, three of whom are now sery-
ing out s~ixteen-year sentences in the
state prison, the fourth having been shot
in attempting to make his escape. Most
of the stolen property was recovered, but
Steiner having left no relatives in the
country, the question arose who was to
TAKE possession of his effects. There be-
ing no Swiss consul in Chihuahua, it was
finally determined that the German CON
sui might act in the premises; so he took
formal possession Of the jewelry store, at
liking his official seal to the door thereof.
Litigation then arose concerning matters,
and Judge Rodriguez, bsfore whom the
questions We're pending, concluded that
the German consul had no legal right to
oficiate, ordered the consular seal to be
destroyed, and directed that the seal of
his court be substituted in lieu thereof.
Thereupon the German consul entered
complaint against Judge Rodriguez in
the Federal Circuit court, and the Judge
was found guilty OF misdemeanor and sus-
pended from office for the term of one
year.
From this dscision Judge Rodriguez APP
pealed to the Federal supreme tribunal.
During the tendency of the appeal it was
ascertained that Steiner was in reality an
American citizen, he having taken his
naturalization papers in 1881 at the city
OF Galveston, Tex, and taken an oath to
support the constitution Of the United
States, showing that he had thrown off
allegiance to his native country, Switzer-
land. Certified copies of these papers
We're secured by Judge Rodriguez, who
filed them in the case and succeeded in
obtaining a reversal of the decision, the
Supreme court deciding, and all the
judges ~eoncurring, that n consul in
Mexico has the right to administer upon
deceased foreigners estates unless the
deceased be a subject of the nation rep
resented by the consul; that it having
been proven in the lower court that
Steiner was a native Of Switzerland, and
no evidence having been introduced to
show that he had taken out ~naturaliza.
tion papers in Germany or any other for
eign country, and there being no Swiss
consul in the locality, the court presided
over by Judge Rodriguez did not commit
any offense in ordering the German con
snl1s seal to be ehliterated and In assum-
ing control of the property. The court
furthermore ordered that Judge Roerig-
uez be reinstated, and that he be paid the
salary for full time for the term during
which he had been illegally expelled from
Office.
The question which now arises is this
It having developed that Steiner vas
nnturalized American citizen, would moi
the American consul under this decision
have the right to demolish the seal of the
court, affix his official seal to the door
and take possession of what a years liti-
CATION has left OF Steiner's jewelry.